The Family Law Division of the San Benito Superior Court handles a variety of family-related matters. Some of these case types include; ending a marriage or registered domestic partnership, identifying a child’s legal parents, determining custody and visitation issues, establishing or enforcing child and spousal support, dealing with domestic violence issues, adoptions and minor emancipations.

You will need to fill out the copy/research request form listed below, with the case number and names of the parties. Please send the request form, along with a check not to exceed $75.00 written on the memo line and a self-addressed stamped envelope. We will also need to know what documents you would like copied and if you want us to send you a certified (raised seal) copy of the documents. The cost for a certified copy is $25.00 + $.50 per page.

Our copy requests are taking four to six weeks to process. We do not send copies via e-mail or other electronic media. You can research information regarding your case on the Court's website.

2. Can I get copies from a Paternity case?

Paternity cases are confidential and only the parties involved in the case can have access to the file. If you are unable to come in person to view the file due to a disability or you are now living out of state, then you may submit your request in writing with a photocopy of your driver's license or other valid state issued photo identification.

3. What if I do not have the case number?

If you do not have the case number, the case information will need to be researched by our staff at the clerk's office. A charge of $15.00 may be required or you could research it yourself at the San Benito Courthouse at no cost to you (unless you require copies).

It often depends on why you need the documents. We will need to know what documents you would like copied (certain items or the whole file), and if you want us to send you a certified (raised seal) copy of the documents. The cost is $25.00 + $.50 per page for a certified copy. Please send the copy/research request form, along with a check not to exceed $75.00 written on the memo line and a self-addressed stamped envelope. Please send your request in writing to the Family Law Court at the following address:

Letters sent to the judge are ex-parte communication. They are considered improper contact, without notice to the other side, and will not be forwarded to the judge for review. The judge may or may not consider the letter at the next court hearing. If you want to submit information to the judge to consider, then it will need to be in the proper format, with service to the other side and filed with the Court.

An ex-parte hearing is an urgent request for court orders, usually when a child is in physical or mental danger, or there is a threat of abduction. It is a request by one party with short notice to the opposing side.

1. When and how do I give notice to the other party?

Notice to the opposing party must be provided by 10:00 AM the day before the ex-parte hearing. The moving attorney or self-represented party must give notice of the ex-parte application to the opposing attorney or self-represented party prior to submission of the request to the court, except where it is impossible to give notice.

The same day you give notice to the opposing party, you must call the clerk at the San Benito Court by 10:00 AM to inform the clerk's office that you have an ex-parte hearing the next day.

To reach the clerks office call (831) 636-4057 Opt 3.

3. When and where do I submit my paperwork?

All ex-parte moving papers shall be submitted to the clerk's office no later than 3:00 PM the day before the ex-parte hearing. You will need two copies, one copy to keep for your records, the other copy to give to the other side at the ex-parte hearing.

The person filing for the ex parte must provide a copy of the moving papers to the other side no later than 3:00 PM the day before the ex parte hearing. The papers may be delivered in person, by fax or by email.

4. When and where do I file my response to the ex-parte application?

Opposing attorneys or self-represented parties shall submit their objections to the moving papers as soon as possible after notice is received. Documents shall be submitted to the San Benito clerk's office no later than 10:00 AM the day of the hearing.

5. Can I bring my children to Court?

Children are not allowed in the courtroom.

6. What is the filing fee to process my paperwork?

There is a fee for the ex parte hearing, payable at the time of filing, unless you have a waiver of fees on file. Refer to the Judicial Council Web Site link for the current statewide fee schedule or you may ask the Court to waive the filing fee if your household income falls below certain guidelines. For information and to obtain forms for a fee waiver, visit the Judicial Council Web Site.

The court may have ordered you and the other parent to set up supervised visitation. Your court order should say if you need to use a Professional Supervised Visitation Provider (someone who will be paid to be at the visits) or a Non Professional Supervised Visitation Provider (usually a family member or friend).